When can I remove the personal property of an evicted tenant?

Asked by Bill, Raleigh, NC Sat Jan 8, 2011

I am a landlord in North Carolina and I have just evicted a tenant from a property for not paying rent. A summary ejection was ordered by the judge on Thursday, December 29, 2010. The tenant was given 10 days to either appeal or vacate the property. I just went by the property (today is day 9) and the tenant has vacated the property. A non-running vehicle has been left on the property. Tomorrow will be the 10th day since the summary ejection was orderd. At what point can I have the vehicle towed/removed from the property? When I do get the vehicle towed can the tow fee be collected from the former tenant?

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Richard Sand…, Other Pro, Portland, OR
Sun Jan 9, 2011

I'm not an attorney either, so I can't give legal advice. But I have worked in local government for more than 30 years and would suggest calling the city attorney's office or county prosecutor’s office and explaining the situation to see if they can offer any advice. If your community has a personal property tax on automobiles there may be delinquent taxes on the vehicle and the community may want to impound it. Yours is a legal situation.
1 vote
Sharon Lewis, Agent, Cary, NC
Thu Jul 7, 2011
Bill, what a nightmare story. I listed a home with a similar issue and the sellers lost part of the 'hot market time' because they had to evict the tenant who hadnt paid rent in months....nightmare.
Hopefully you got it all worked out, if you did, let us know what happened. thank you
0 votes
Susan Crawfo…, Agent, Hillsborough, NC
Sat Jan 8, 2011

The best suggestion you can receive at this point is to discuss this matter directly with an attorney that knows tenant/landlord North Carolina law. As real estate agents, we are prohibited from the unauthorized practice of law and any response to this question other than for you to see legal counsel would be doing just that. An attorney will be able to advise you on the best way to protect your interests.

I do wish you the best of luck with your situation and pray that the next tenant that you have doesn't give you the same type of problems!

All the best,
Susan Crawford, ABR, Broker, e-PRO
Broker in Charge
Triangle Home Crew Realty, LLC
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